proabtion violated

[slowstart]

my son was placed on 4 year probation, well two weeks ago he was in a home that wsa busted into by the police. they found two ounces of marijuana and 200.00. they took everyone to jail because noone would tell who the drugs belonged to. now he has been charged with possession with intent. prior to this, they found a small amount of cocain powder(suppossedly) in a room that is sometimes occupied by him in my house. he does not live with me. no one had a warrant issued until he was arrested for the marijuana. the parole officer will not release him until he talks to the narcotics agent. has my son violated his probation? what can i do to help? his lawyer says that she is not going to let the cocaine go to court until it is back from the testing lab. Shoud he be charged with possession of marijuana in someone elses home? the narcs found the drugs on a table and they already know who they belong to. please advise.

slowstart

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Yeah, your son violated his probation. He can and the police have the right to charge him with the marijuana charge in someone else's home. Just because it is in someone's home doesn't negate your son from being charged. There is no ownership rule to illegal items like marijuana.

At least he has a lawyer.

 

[slowstart]

can these charges be beat? or is he going to be in violation of his parole? this is to the law student. thanks

 

[lawrat]

I am actually not a law student anymore. I graduated.

As to your question, a good criminal defense attorney can try to get him to beat the charges. But I think your son's problem lies on a grander scale --- he needs to stick with the right people, not people susceptible to drug busts.

 

[slowstart]

thanks, and we do have a good criminal lawyer. do you think the judge will accept that he is a drug usr and not a drug dealer. he has never had a drug charge. i believe my son smokes marijuana and yes you are right. stay with the right crowd and you will not be open to the negative circumstances.